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Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......alling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 in Fami......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......hury..........................Opposite Party. Judgment January 24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Involved: Md. Fazlul Karim with Kazi Anowar Hossain, Advocates ‑For the Petitioner. ..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... 338 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Mun......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......an J Mohammad Ismailuddin Sarker J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the O..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......fficer‑in‑charge of the Durgapur Police Station took up investigation, went to the place of occurrence, prepared the inquest report and sent the dead body to the Rajshahi Medical College Hospital for post‑mortem examination. Police after investigation submitted charge sheet against the accused......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ................................Opposite Party. Judgment February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Not represented-the O..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......sed by the learned Subordinate Judge and Commercial Court No. II, Dhaka in Title Suit No. 338 of 1984.
2. The plaintiff‑respondent, the Dhaka Dyeing and Manufacturing Company Limited, filed the aforesaid suit under section 20 of the Arbitration Act praying for an order that the arbitration agre......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......) 595; Pearl Insurance Co. Vs. Alina Ram, AIR 1960 (Panjab) 236; Vulcan Insurance Co. Vs. Maharaj Singh, AIR 1976 SC 287; Wazir Chand Mahraj and another Vs. The Union of India, AIR 1967 (SC) 990.
Lawyers Involved:
AR Yusuf, Advocate ‑ For the Appellant.
Md. Asrarul Hossain with Iftekhar ..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......ties instituted Title Suit No. 288 of 1976 in the 2nd Court of Munsif, Dhaka which was subsequently‑ transferred to the Assistant judge, Savar, Dhaka and re‑numbered as Title Suit No. 372 of 1984 for a declaration of title in the suit properties wherein the defendant petitioner was added subsequ......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. Omela Sundari Bewa, 12 DLR 626.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with Md. Shahidul Alam Chowdhury, Advocates‑For th..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279........89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 under sections 435 and 438 of the Code of Criminal Procedure. 2. The short facts of the case are that the informant Kasem Ali lodged a First Information Report in Barguna police station on 4‑7‑87 to the e......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......thers, 28 DLR 1; Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58; Falak Sher and others Vs. State, 19 DLR (SC) 426; Abdul Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. AKM Zahirul Huq with MA R..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276....... BS. He filed the Misc. Case on 17‑12‑74. The learned Munsif held on the basis of the evidence on record that the pre‑emptor petitioner has been able to prove that he did not know of the sale before 27‑8‑74. Hence the Misc. Case is not barred by limitation. 4. The learned District Judge......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......ed to- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796; Diam‑Hossain Vs. Haran Das, 13 DLR 283; Asimannessa Vs. Md. Asebar Sheikh, 19 DLR 659; Tamizuddin Ahmed Vs. Gu1jan Bibi; 26 DLR 93. Lawyers Involved: SS Halder, Advocate ‑ For the Petitioner. BN Chowdhury with Kazi Ebadul Hu..Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......cused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others includ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...............Respondent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- Fo..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......gment Abdul Bari Sarker J. - This Rule was issued on the basis of Memo No. 428 dated 6.12.78 of the Court of District Judge, Jhalakati. By the above name, the District Judge, Jhalakati recommended for drawing up contempt proceeding against the contemners Joynal Abedin and Abdul Malek Sardar for m......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......i Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney General with AKM Zahirul Haque, Advocate ‑For..Category: Criminal Law | Date: | Hits: 64
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......gment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff.
2. The defendants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit ......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
March 12, 1990.
Lawyers Involved:
M Zahir with Ferdousi Shahab, Md. Firoz Shaha and FKMA Mahabub, Advocates ‑ F..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five kabalas executed by the defendants on 7.4.84, 6.5.84 and 13.5.84 are i......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......r J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990. Lawyers Involved: Abdul Quiyum, Advocate ‑ For the Petitioner. Abdus Sobhan, Advocate ‑ Fo..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......ference Case No. 3 of 1988 Judgment Bimalendu Bikash Roy Choudhury J. - This reference has been made by the learned Sessions Judge, Bakerganj under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on accused Kalu Bepari under section 302 of the Pen......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... Bimalendu Bikash Roy Choudhury J Md. Mozammel Hoque J State...........................Petitioner Vs. Kalu Bepari...................Opposite Party. Judgment January 30, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Obaidur Rahman Mostafa, Assistan..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, Assistant Attorney General ‑ For the State. Courts Order No. 1 of 1990 Judgment Muhammad Ansar Ali J. - This is an application for condonation of delay in filing a Criminal appeal under section 30 of the Special Powers Act. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ...... Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers Involved: Md. Abdul Majid, Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; Secretary of State Vs. Mask & Co., AIR 1940 PC 105; Rajnandan Prasad Vs. Mukh L....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242....... State Vs. Mask & Co., AIR 1940 PC 105; Rajnandan Prasad Vs. Mukh Lal Gir and others, AIR 1931 Pat. 182; Pratap Chandra Jana Vs. Secretary of State for India, Council CLJ Vol. XXXV (1922) 304. Lawyers Involved: Shahabuddin Faiz, Advocate ‑ For the Petitioner. Mustafa Niaz Muhammad, Ad..Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......‘ For the Petitioner. Not represented ‑ the Respondent. Matter No. 9 of 1987. Judgment Md. Mozammel Hoque. - This is an application under sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent company namely, M/s. Ashraf Jute Mills Ltd. having its office at Pa......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......f Jute Mills Ltd……………………………….Respondent. Judgment August 9, 1990. Case Referred to- Goal Bros. & Co. Vs. Yashodan Chit Fund Limited, 50 Company Cases, 708. Lawyers Involved: Md. Aminul Huq, Advocate ‑ For the Petitioner. Not represented ‑ the Res..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......pondent. Writ Petition No. 309 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J. - The petitioner Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why ......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......ed. Cases Referred to- Dr. Nurul Islam, 33 DLR (AD) 201; SP Sampad Kumar Vs. Union of India, AIR 1987 (SC) 386; State of UP Vs. Nooh, AIR 1958 (SC) 86; Abrahan Vs. ITO, AIR 1961 (SC) 609. Lawyers Involved: Abdur Rab Chowdhury, Advocate ‑ For the Petitioner. Not represented- the R..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ...... 1987 by the Sessions Judge, Dhaka affirming the conviction under section 448 of the Penal Code but modifying the sentence to a fine of Taka 1,000.00 only, in default, to suffer rigorous imprisonment for three months from a fine of Taka 10,000.00 only and in default, to suffer rigorous imprisonment ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......Sant and another Vs. Union of India, AIR 1962 (Himachal Prodesh); Narayan Singh and another Vs. Panja Lal, AIR 1940 Lahore 460 & Nani Gopal Deb and another Vs. Bhima Charon Raskil, 59 CWN 688. Lawyers Involved: Aminul Haque with Md. Nizamul Huq, Advocates ‑For the Petitioner. MA Zaman..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......e Constitution this Court directed the Election Commission to consider the petition of petitioner Md. Matiur Rahman under section 15 of the Electoral Rolls Ordinance, 1982 (Ordinance No. LXI of 1982) for wrong printing of the fictitious name of "Azimuddin" in place of his name at serial no. 148 of t......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......Election Commission and Others…………............Respondents. Judgment April 9, 1990. Case Referred to- AFM Shah Alam Vs. Mujibul Huq and others, 1989 BLD (AD) 78=41 DLR (AD) 68. Lawyers Involved: Subrata Chowdhury with MA Zahed, Advocates For the Petitioner. QA Hossain, A..Category: Election Law | Date: | Hits: 112
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......etitioner.
Not represented- the Respondents.
Writ petition No. 514 of 1990.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Eastern Pharmaceuticals Ltd. Dhaka has prayed for issuance of a Rule Nisi calling upon the respondents No. 1 Chairman, First Labour Court of Bangl......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......ourt, Dhaka and others, 29 DLR (SC) 280; Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 36 DLR (SC) 281; Bikash Ranjan Das Vs. Chairman, 2nd Labour Court, Dhaka, 29 DLR (SC) 280.
Lawyers Involved:
Mahbubul Huq, Advocate ‑ For the Petitioner.
Not represented- the Responde..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......it No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were th......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221....... Dewan Mohammad Safare Ali & others…………………..Petitioner Vs. People's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Lawyers Involved: Gour Gopal Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assis..Category: Property Law | Date: | Hits: 60
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